Uninsured motorist insurance (UM) is a type of auto insurance that you purchase to protect yourself and your family against drivers who have no insurance. There are over 4.1 million uninsured drivers on the road in the State of Texas according to the Texas Department of Public Safety. If you are involved in an uninsured motorist accident, ...
Uninsured coverage pays in a collision when the negligent driver has no insurance whereas underinsured coverage pays when a negligent driver hits you and has insurance but not enough to cover your damages. The two are typically sold as one policy in Texas, but they do differ.
In order to recover under your uninsured motorist insurance policy, you must prove that an uninsured motorist caused you damages by his/her negligence and that he/she had no liability insurance to cover it. Furthermore, you must prove the amount of those damages.
In every underinsured motorist policy, there is a clause that requires you to ask the underinsured motorist insurance carrier’s permission before you settle with any third-party that may be liable, including the at-fault driver.
One thing you need to be aware of regarding underinsured motorist insurance coverage is that you must seek and obtain permission to settle with the tortfeasor from the underinsured motorist insurance company before you settle your case and sign a release or you could waive your right to file a claim.
An underinsured motorist attorney can help you get the compensation you deserve when your own insurance denies the claim or low-balls you on their offer.
Just because you have uninsured/underinsured motorist coverage does not mean that they will automatically pay when you are in an accident. Every policy contains coverage defenses. For example, unnamed and under-aged persons may be excluded from coverage.